BIRMINGHAM, Alabama -- Proposed regulations on Birmingham's growing food truck industry continue to simmer -- possibly for a few more months -- with the Birmingham City Council again delaying action on an ordinance.

The council this afternoon delayed the vote after several members questioned the fairness and legality of the 17-page document. The ordinance from the Public Safety Committee would set regulation on approval, location and times for the growing number of mobile food vendors ranging from Mexican cuisine to cupcakes.

However, council members, including Carole Smitherman, who is a lawyer, said the proposal was problematic because it conflicted with federal constitutional commerce protections. Smitherman called the rules, which included creating an approval committee and limiting the trucks to specific districts away from brick-and-mortar restaurants, heavy-handed and a strangle on businesses.

"I find that this is an equal protection violation," Smitherman said. "You can't treat one business one way and another business another way."

Finding that balance has been the challenge, said Councilman Johnathan Austin, the committee's chairman. The council will again discuss the rules in a committee meeting next week. Austin later said a revised ordinance should be ready for a final vote no later than November.

Proposed rules come after months of discussion following complaints from restaurant owners that the trucks park in front of their buildings and occupy public parking areas and loading zones, presenting unfair competition to restaurants. Austin agreed revisions are needed.

"What this ordinance attempts to do is establish order," he said. "We're not trying to push the food truck vendors out of business, but we're also trying to protect the brick-and-mortar businesses."

Austin after the meeting said the council should consider easing the restrictive distance requirements in the ordinance.

"We don't want to put any unnecessary burdens on the food truck vendors to make it as though we don't want food truck vendors in the city, because we do," he said. "I've eaten at every one of them that was represented there, and all of them are good. To have those choices and that variety makes for a much more fun downtown City Center to visit because you have these different options."

Councilman Steven Hoyt said the city must be careful not to stifle any business or fair competition.

"My concern also has to do with infringement on enterprise," he said. "I just don't want to see us limit folks from making money. Sometimes we just put up rules when it's not necessary."

Hoyt said competition and the productivity of businesses is best left to merchants and customers.

"If you're not getting into your restaurant you need to come up with a new strategy," he said. "I'm not going to vote for something that takes away from folks' ability to make money."

While the council delayed approving any rules until further discussion, the planned public hearing on the ordinance continued with a dozen people lining the chamber wall to speak.

Jason Parkman, whose Spoonfed Grill food truck was among the first to start parking downtown, said he left the meeting feeling the council members wanted to make sure the trucks stay in the City Center.

"We are not out to hurt other businesses," Parkman said. "We're just out to make a living and keep people happy and bring a little city scene to Birmingham. I think we are accomplishing that, and I think the city council sees that, as well."

Greg Nuckolls, who operates a hot dog cart downtown, told the council members the proposed ordinance unfairly lumps pushcarts such as his in with the food trucks.

"I'm very supportive of the food trucks," Nuckolls said after the meeting. "Just like any other citizen would be, I love the whole scene. I like the vibrancy of downtown. But pushcarts and food trucks are not the same thing.

"It seems like the complaints that sparked the ordinance are due to parking and those issues," he added. "Well, I'm not on the streets. So I just didn't see a reason to lump pushcarts in with the food trucks."

Nuckolls said he had to go through Operation New Birmingham to get approved to operate his cart, and that he also got the blessings of Chick-fil-A owner Brad Johnson, whose business is a block down from where Nuckolls operates his cart on Fifth Avenue North.

The proposed annual food truck and pushcart permit fee of $500 -- plus an additional $300 for a permit within the City Center -- would put a significant dent in his profits, Nuckolls added.

"That's a lot of hot dogs," he said. "I'm excited about downtown. I want to be downtown. And I think I chose a good location, but certainly the amount of the fees is excessive."

Nuckolls said, however, that he was encouraged by some of the council members' comments at Tuesday's meeting.

"In fact, several of the councilmen said, 'Why are we even doing this (ordinance) at all?' So that was very encouraging," he said.

"There is no hurry to do this. I don't think there are any immediate issues of public safety that have so be addressed right now, so I'm encouraged that they are willing to take a step back and look at it."